2012-0315 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 15,2012 City ofSullny Isles Beach, Florida hired an expert on his own to prepare a report, and that report does not have to be turned over to Mr. Price. But the bottom line is that it is in compliance with due process of law. Mr. Finer said they did not have to bring a traffic engineer with them but once they do and that engineer submits a report, it is quasi-judicial proceeding, it is fair play, and if you are going to rely upon that report that was added to the agenda then we could have gone out and responded to that. Let's look at the criteria and what the law is, it is not our burden to satisfy the criteria, it is their burden. He did a public records request to the City Clerk and asked for all the backup of this item, and he received it and it was available on the website. This report was not made available to him. Commissioner Scholl said that is if they rely on the traffic report, and Mr. Finer said we are all going to rely on it and make a determination, if you are not going to rely on it, he has significant issues with how traffic is going to circulate, when people get dropped off, etc., and this information is significant for the conditional use Code. City Attorney Ottinot said that there is long standing case law in the State of Florida that clearly states that staff report is substantial competent evidence. Commissioner Scholl said he recalls that this same traffic engineer gave us testimony during the last hearing, and he remembers that it did get denied although he had voted in favor of it. We had some similar traffic evidence from that hearing as well. Mr. Price said the most fundamental concept of Zoning law is that one must have standing to challenge an application, and there has been zero testimony or even statements by the attorney who he represents and where do these people live. He gave an address that was not a Winston Towers address, we don't know who he is representing and what their cause of action is. To say and argue in front of this Commission that the children may have to cross lanes of traffic to get to the outdoor area, ifhe would have looked at their site plan which was submitted as part of the application, they get to the outside area by walking outside the door of the daycare center into the outdoor area, they don't cross any lanes of traffic. They gave staff a copy of the license from the Department of Family and Children Services for 40 students which is in the record, he also has the site plan, the traffic report which is the identical traffic rep0l1 that was given at the last hearing except that traffic report was for a greater number of attendees to this daycare facility. Even under that traffic report it clearly indicated that the amount of parking was more than sufficient to satisfy the needs, and because of the sporadic nature of attendance at a daycare facility, you don't have peak periods that you have at most schools. Daycare is when the parent finds it most convenient to drop their child off. He introduced into record prior application, staff recommendations, site plan, the parking plan that were all submitted as part of this application. The time has come for Sunny Isles Beach to recognize a growing segment of their population needs this type of service in this community. Part of an integrated City is not only residential uses, a commercial mix, an educational mix of schools, daycare facilities, and religious institutions, that is what makes a community, and it is unfair that young families in this City must look to surrounding communities to bring their kids. He also reached out to the school here, to several of the teachers in regards to bringing their young children closer to them during the day. They believe this service is greatly needed, and they have agreed to all the conditions. Mr. Finer said he wanted to clarify who his clients are, Louella Pantfuiukhina who lives at 231 174th Street, Unit 202. He is not registered as a Lobbyist, and City Clerk will send him a Lobbyist Form to fill out. 7